United States of America v. Ferras; United States of America v. Latty, [2006] 2 S.C.R. 77, 2006 SCC 33, 2006 SCC 33 (2006)

SUPREME COURT OF CANADA

Citation: United States of America v. Ferras; United States of America v. Latty, [2006] 2 S.C.R. 77, 2006 SCC 33

Date: 20060721

Docket: 30211, 30295

Between:

Shane Tyrone Ferras

Appellant and

United States of America, Her Majesty the Queen and Irwin Cotler, Minister of Justice

Respondents and between:

Leroy Latty and Lynval Wright

Appellants and

United States of America, Minister of Justice and

Attorney General of Canada

Respondents

Coram: McLachlin C.J. and Major,* Bastarache, Binnie, LeBel, Deschamps, Fish, Abella and Charron JJ.

Reasons for Judgment:

(paras. 1 to 94)

McLachlin C.J. (Bastarache, Binnie, LeBel, Deschamps, Fish, Abella and Charron JJ. concurring)

* Major J. took no part in the judgment.

______________________________

United States of America v. Ferras; United States of America v. Latty, [2006] 2 S.C.R. 77, 2006 SCC 33

Shane Tyrone Ferras Appellant v.

United States of America, Her Majesty The Queen and Irwin Cotler, Minister of Justice Respondents

- and -

Leroy Latty and Lynval Wright Appellants v.

United States of America, Minister of Justice and

Attorney General of Canada Respondents

Indexed as: United States of America v. Ferras; United States of America v. Latty

Neutral citation: 2006 SCC 33.

File Nos.: 30211, 30295.

2005: October 17; 2006: July 21.

Present: McLachlin C.J. and Major,* Bastarache, Binnie, LeBel, Deschamps, Fish, Abella and Charron JJ.

on appeal from the court of appeal for ontario

Constitutional law - Charter of Rights - Liberty and security of person - Fundamental justice - Extradition - Committal hearings - Whether provisions of extradition legislation relating to evidence at committal hearing infringe principles of fundamental justice applicable to extradition - Canadian Charter of Rights and Freedoms, s. 7 - Extradition Act, S.C. 1999, c. 18, ss. 29(1), 32(1)(a), (b), 33.

Extradition - Committal hearings - Evidence - Powers of extradition judge - Whether extradition judge can weigh evidence and refuse to extradite if evidence unreliable or unavailable for trial - Sufficiency of evidence for extradition purposes - Canadian Charter of Rights and Freedoms, s. 7 - Extradition Act, S.C. 1999, c. 18, s. 29(1).

Constitutional law - Charter of Rights - Mobility - Right to remain in Canada - Extradition - Whether provisions of extradition legislation relating to evidence at committal hearing infringe right of Canadian citizens to remain in Canada - Canadian Charter of Rights and Freedoms, s. 6 - Extradition Act, S.C. 1999, c. 18, ss. 32(1)(a), 33(3).

Constitutional law - Charter of Rights - Fundamental justice - Extradition - Whether surrender of accused to US, where they could receive sentences of 10 years to life without parole if convicted, "shocks conscience" of Canadians - Whether Minister of Justice's refusal to seek assurances for enhanced credit for time served in pre-trial custody offends fundamental justice - Canadian Charter of Rights and Freedoms, s. 7.

The US sought the extradition of the accused under the "record of the case" method provided for in ss. 32(1)(a) and 33 of the Extradition Act. The records of the case submitted at their committal hearings consist of unsworn statements from law enforcement agents summarizing the evidence expected to be presented at each trial. The US certified that the evidence is available for trial and is sufficient to justify prosecution under the law of the US. The accused alleged that ss. 32(1)(a) and 33 infringe s. 7 of the Canadian Charter of Rights and Freedoms because they allow for the possibility that a person might be extradited on inherently unreliable evidence. In both cases, the extradition judges rejected the constitutional objection and committed the accused for extradition. The Court of Appeal upheld the decisions.

Held: The appeals should be dismissed and the accused should be committed to extradition.

The provisions of the Extradition Act governing the admission of evidence at a committal hearing are consistent with th...

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